AG Horne Statement: The Supreme Court Decision On President Obama’s Healthcare Law

The Supreme Court has upheld Obamacare on the basis of the taxing power. This is interesting because when the bill was passed, the Democrats insisted it was not a tax as that would have been unpopular. The Court did hold, as we had argued, that the mandate exceeded the limits of the commerce power.

Those who oppose Obamacare have an election in a few months in which they can express their view.

Finally, and most interestingly, by a vote of 7 to 2, the court for the first time in history put a limit on Congress’ power to micromanage the states using conditions on federal funding. They did this in restricting the Medicaid expansion mandate.

This has been the principal method by which Congress has interfered in states’ business to the extent never contemplated by the Constitution. This will be an important legal development.